HomeMy WebLinkAboutResolution 4896-01-2018 A Resolution
NO. 4896-01-2018
IN SUPPORT OF THE APPLIATION OF THE FORT WORTH
TRANSPORTATION AUTHORITY TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUAITY FOR A
MUNICIPAL SETTING DESIGNATION FOR 1401 SWIFT
STREET, FORT WORTH, TEXAS
WHEREAS,the Fort Worth Transportation Authority (Applicant)has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site known as 1401 Swift Street,
Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit"A"(Site), and
map of same being attached hereto as Exhibit`B" (Site Map),to the Texas Commission on
Environmental Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on
December 6,2017, and a public hearing was held in Fort Worth on January 23, 2018, and the affected
community was duly notified of same and allowed the opportunity to comment; and
WHEREAS, an approved public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one-half mile of the Site; and
WHEREAS,Applicant has filed documentation with the city stating that a contaminant
identified within the designated groundwater,associated with historical uses of the Site,that has been
detected in concentrations exceeding residential assessment levels for potable use is lead; and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow,perched groundwater beneath the Site; and
WHEREAS,the City of Fort Worth, by ordinance, shall, upon adoption of this ordinance,
prohibit the use of designated groundwater beneath the Site for potable purposes as well as for irrigation;
and
WHEREAS, upon passage of this supporting resolution by the City Council,Applicant intends
to file an application with the Texas Commission on Environmental Quality for certification of a
Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W; and
WHEREAS,Applicant has continuing obligations to satisfy applicable statutory and regulatory
provisions concerning groundwater contamination investigation and response actions at the Site; and
WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best
interests of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the City of Fort Worth City Council supports Applicant's request to the Texas Commission
on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A and B.
The property for which designation is sought is subject to an ordinance that prohibits the use of
designated groundwater from beneath the property as potable water and that appropriately restricts other
uses of and contact with that groundwater.
Adopted this 23RD day of January, 2018.
ATTEST: A.
O� F�RTGj,
By:
Mary J. Kays ity Secretary7CA5.
0TWO
EXHIBIT A
SITE
1401 SWIFT STREET,FORT WORTH,TEXAS 76102
LEGAL DESCRIPTION
PARCEL No. 559
BEING 0.556 acre of land located in Lot 1, Block 1, ASHLAND OIL ADDITION, to the City of Fort Worth,
Tarrant County, Texas, according to the plat recorded in Volume 388-169,Page 81,of the Plat Records of Tarrant
County,Texas. Said 0.556 acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a ''/z" iron rod marked"Brittain&Crawford" set, at the Southwest corner of said Lot 1, and said
POINT lying at the intersection of the North right-of-way line of Swift Street(a variable width public right-of-way)
with the East right-of-way line of Union Pacific Railroad, and said POINT OF BEGINNING also having Texas
State Grid Coordinates N: 6,966,634.74 and E: 2,328,729.43;
THENCE along the Southwest boundary line of said Lot 1 and the Northeast right-of-way line of said Union Pacific
Railroad,as follows:
1. N 300 33'47"W 772.14 feet,to a 3/4"iron rod found;
2. N 040 03'47"W 75.51 feet,to a%"iron rod marked"Brittain&Crawford"set;
THENCE severing said Lot 1, as follows:
1. S 310 05'57"E 414.63 feet,to a '`/z" iron rod marked"Brittain&Crawford"set;
2. S 89042'20" W17.46 feet,to a`/z"iron rod marked"Brittain&Crawford"set;
3. S 310 05' 57" E 449.23 feet, to a'/z" iron rod marked"Brittain &Crawford" set, in the South boundary
line of said Lot 1 and the North right-of-way line of said Swift Street;
THENCE S 890 15'43"W 30.77 feet, along the South boundary line of said Lot 1 and the North right-of-way line
of said Swift Street,to the POINT OF BEGINNING, containing 0.556 acre(24,212 square feet)of land.
ORTWO
EXHIBIT B
MAP
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/23/2018 - Ordinance No. 23085-01-2018 & Resolution
No. 4896-01-2018
DATE: Tuesday, January 23, 2018 REFERENCE NO.: G-19209
LOG NAME: 23MSD 1401 SWIFT ST
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting the Application of the Fort Worth Transportation
Authority, for a Municipal Setting Designation for the Property Located at 1401 Swift Street, Fort Worth,
Texas, to the Texas Commission on Environmental Quality, and Adopt.Ordinance Prohibiting the Potable
Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of the Fort Worth Transportation Authority, for approval of
a Municipal Setting Designation for the property located at 1401 Swift Street, a 0.556-acre tract, more fully
described as Lot 1, Block 1, Ashland Addition, Fort Worth, Tarrant County, Texas to allow the public the
opportunity to give testimony;
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality for a Municipal Setting Designation for the site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On October 23, 2017, the Fort Worth Transportation Authority filed an application with the City seeking
support of a Municipal Setting Designation (MSD) for a property located at 1401 Swift Street, Fort Worth,
Texas.
Staff from the Planning and Development, Transportation and Public Works, and Water departments were
given the application to review. No comments or concerns were received. Notice was issued, as required
by ordinance, and a public meeting was held at the Northside Community Center on December 6, 2017.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that
occurs at depths of approximately nine feet to 20 feet below the ground surface. The affected shallow
groundwater is underlain by a confining layer of approximately 200 to 300 feet in thickness that serves as
a regional aquitard preventing vertical migrations of the chemical of concern to underlying potable
aquifers. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The
chemical of concern detected in the designated groundwater is lead. The lead contamination is attributed
to historic, non-specific, industrial activity on the adjoining properties, which includes an asphalt plant and
heavy rail operations.
Logname: 23MSD 1401 SWIFT ST Page 1 of 2
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located in the area and within a half mile of the MSD boundary. All
undeveloped properties with a half mile of the site are eligible to receive water service from the Fort Worth
Water Department in accordance with the Texas Water Service Certificate of Convenience and Necessity
(CCN No. 12311) (City of Fort Worth) and the City of Fort Worth Policy for the installation of Community
Services.
In 2003, a state law came into effect creating the concept of a Municipal Setting Designation (MSD). The
purpose of an MSD is to provide a means by which TCEQ may limit the scope of investigations and
response actions for groundwater contamination at a site, provided the groundwater is prohibited for use
as a potable water source. "Potable water' means water used for drinking, showering, bathing, or cooking,
or for irrigating crops intended for human consumption. A person, typically a developer, must apply to
TCEQ for certification of their property as an MSD. If granted, they will not be required to clean up
designated groundwater within the MSD to drinking water standards, although other cleanup standards
such as inhalation and contact must still be met. The application will not be approved by the TCEQ if the
municipality where the site is located does not give formal approval. That approval must be by means of a
City Council resolution supporting the application and an ordinance prohibiting potable use of groundwater
in the MSD.
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the
TCEQ for an MSD to get support of that application from the City Council. The procedure includes filing an
application with the City, Staff review of the application for potential impacts to City interests, a public
meeting held for the purpose of providing information on the application to the affected community, and a
public hearing. This MSD application is the 28th within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the
advancement of the TEX Rail system by allowing necessary rights-of way to be obtained without
unnecessary requirements placed on the developer to take actions to address historic contaminated
groundwater. There are currently no land use plans for these areas beyond establishing rights-of-way.
The location is in COUNCIL DISTRICT 9.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivityl Budget I Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23MSD 1401 SWIFT ST Page 2 of 2